[§291E-19]  Authorization to establish
intoxicant control roadblock programs.  The police departments of the
respective counties may establish and implement intoxicant control roadblock
programs in accordance with the minimum standards and guidelines provided in
section 291E-20.  The chief of police in any county establishing an intoxicant
control roadblock program pursuant to this section shall specify the procedures
to be followed in carrying out the program in rules adopted under chapter 91;
provided that the procedures shall be in conformity with and not more intrusive
than the standards and guidelines described in section 291E-20.  In the case of
internal police standards that do not fall within the definition of
"rule" under section 91-1(4), failure to comply scrupulously with
such internal police procedures shall not invalidate a roadblock that otherwise
meets the minimum statutory criteria provided in section 291E-20. [L 2000, c
189, pt of §23]



 



Case Notes



 



  Section 291E-20 does not authorize law enforcement officers
conducting sobriety checkpoints to pursue and detain drivers of motor vehicles
appearing to avoid the sobriety checkpoints in a lawful manner; permitting
officers to do so was beyond the lawful scope of the statutory procedures and,
therefore, more intrusive than the standards and guidelines described in
§291E-20 and violative of this section.  113 H. 283, 151 P.3d 764.